RELIEF - NACARA - ADJUSTMENT OF STATUS
Masnauskas v. Gonzales, ___ F.3d ___ (9th Cir. Dec. 30, 2005) (rejecting equal protection challenge that NACARA special adjustment should be available to persons not from Nicaragua or Cuba).
http://caselaw.lp.findlaw.com/data2/circs/9th/0372021p.pdf
RELIEF - NACARA
Cuadra v. Gonzales, __ F.3d __ (8th Cir. Aug. 10, 2005) (noncitizen seeking relief under NACARA must establish good moral character during the period of required physical presence and that period ends when a plaintiff files his application).
http://caselaw.lp.findlaw.com/data2/circs/8th/034018p.pdf
IMMIGRATON RELIEF - SPECIAL CANCELLATION OF REMOVAL - NACARA
Albillo-De Leon v. Gonzalez, __ F.3d __ (9th Cir. June 8, 2005) (NACARA 203(c) deadline for filing motion to reopen may be equitably tolled if applicant has met conditions under 203(a), and where ineffective assistance of counsel prevented noncitizen from complying with 203(c)).
CITIZENSHIP
United States citizenship of the respondent can be raised as a defense to removal. Murphy v. INS, 54 F.3d 605, 610 (9th Cir. 1995). The government bears the heavy burden of proving alienage through "clear, unequivocal, and convincing evidence." Scales v. INS, 232 F.3d 1159, 1163 (9th Cir. 2000) (quoting Woodby v. INS, 385 U.S. 276, 277 (1966)); see also Lopez-Urenda v. Ashcroft, 345 F.3d 788, 795 (9th Cir. 2003) (citations omitted); 8 U.S.C.
CITIZENSHIP - NATURALIZATION - DENATURALIZATION INADMISSIBILITY - NAZI GENOCIDE
United States. v. Kumpf, ___ F.3d ___ (7th Cir. Feb. 23, 2006) (affirming grant of summary judgment for the government in a denaturalization case where the naturalized individual illegally gained his entry visa by hiding his personal assistance in the persecution of civilians as a Waffen SS guard in Nazi concentration camps during World War II, rejecting equal protection argument).
http://caselaw.lp.findlaw.com/data2/circs/7th/052972p.pdf
NATIONAL OF THE UNITED STATES
Abou-Haidar v. Gonzalez, ___F.3d __ (1st Cir. Feb. 21, 2006) (person cannot become a national of the United States without fully completing the naturalization process set by Congress, so BIA properly denied motion to terminate removal proceedings).
http://laws.lp.findlaw.com/1st/051453.html
RELIEF - NATURALIZATION - DISTRICT COURT PETITION TO FORCE DELAYED NATS
What the district court does depends on how you frame the prayer for relief. Under the statute, the DC judge can treat the naturalization application de novo. That is what you want to ask for first. Alternatively, you can ask the judge to remand with an instruction to adjudicate the petition within a set period of time of your choosing. Upon filing, the AUSA will call you and try to get you to agree to remand. Don't do it unless you have in writing an agreement that the DC judge will supervise the settlement order unless and until it is adjudicated by CIS.
NATIONAL OF THE UNITED STATES
The Immigration and Nationality Act defines a United States national as "(A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes a permanent allegiance to the United States." 8 U.S.C. 110 l (a)(22). The latter category has long been understood to primarily include persons born in the outlying territories of the United States; however, non-citizen national status is not limited under the INA to such persons.
CITIZENSHIP - DERIVATIVE CITIZENSHIP
Ashton v. Gonzales, 431 F.3d 95 (9th Cir. Dec. 7, 2005) (forming of subjective intention to remain in United States does not satisfy statutory requirement that a noncitizen he "begin to reside permanently in the United States" while under age of 18 following a parents naturalization; must show applicant held lawful permanent resident status).
CITIZENSHIPDERIVATIVE CITIZENSHIP
Morgan v. Attorney General, ___ F.3d ___, 2005 WL 3481443 (3d Cir. Dec. 21, 2005) (petition for review of derivative citizenship claim under 8 U.S.C. 1432(a)(3) denied on merits, because petitioner cannot establish that her parents were legally separated at the time her mother was naturalized).
